The Layout of the Constitution

The Constitution is a written instrument embodying the rules of a political or social entity. South Africa labels it's Constitution as the supreme law  of the Republic as it leads the country to lawful governing .

South Africa's Constitution consists of 14 chapters and an introductory statement labelled The Preamble .

Figure.1 Sa constitution layout.

Foundation provision defines the country’s flag and nation anthem. It also clarifies the official languages of south Africa and the principles of government  language policy. Founding provisions have six section namely Republic of SA which proclaims that South Africa is one democratic state. Supremacy of constitution which proclaims any law incompatible with the constitution is invalid. Citizenship which proclaims that all citizens of South Africa have equal responsibilities and rights. National anthem which allows the president to specify it by proclamation. National flag which is referenced in schedule one and language which state the basic principles at language policy.

Bill of Rights are rights that protects civil, political and socio -economic rights of people of South Africa. The law applies to all and combines all branches of the government. These rights also apply to all South Africans for example equality, life, privacy and property.

Co-operative government which states the phases of the government namely national, provincial and local government. These phases are interdependent and interrelated. They need to observe and adhere to the principles of this chapter and must conduct their activities within the parameters of that chapter. The phases need to co-operate with certain principles.

Parliament consist of two houses namely, national assembly which perform the following duties it chooses the president, it debates issues publicly, it checks thoroughly the action of the executive. National council of provinces which performs the following: it ensures provincial interest are take into account it is where parliament have freedom of speech. These two houses can act together to conduct joint business.

The National Executive is the body which puts the law written by parliament into action. The executive cannot make new laws. The national executive is called the cabinet which consist of the president, deputy president and ministers. The president selects and appoint the deputy president and ministers. The executive must follow policies at government. There are 9 provinces in South Africa, and each consist of its own provincial government. This is made up of a provincial executive. Provinces can make their own constitutions and their own laws but these must follow the national constitution.

Local government make decisions and laws for their own municipal areas. Municipal council carry out the executive and legislative functions of local government. Local government make by laws but these must not go against the constitution or any act of parliament or any

provincial ordinance. The constitution state the courts are independent. This means that the national executive and parliament cannot interfere in what the courts do examples of courts are; constitution, supreme court of appeal ,high court etc any court can hear a case about the constitution including cases about abuses of rights. 

The constitution state that there will be seven government institution to protect people from abuse by the government. They are referred to as the protection mechanisms. These institutions are independent and report to parliament at least once a year. They include public protector, auditor general, the interdependent electoral commission has been set up to protect peoples land rights under section 25 of bill of rights.

Public administration to people who work for the government also called public service police arm etc. The public service must put the policies of the government into practise. The public administrator commission is an independent body. It is a job to monitor, evaluate and oversee the organisation and administration of the public service. The security service consists of one defence force, a police service will consist of one defence force, a police service and an intelligence service. No other army apart from the south African army will be allowed.

 National security is controlled by parliament and the national executive. It must follow the law, constitution and any international documents signed by south Africa. They protect the people and the country. The constitution recognises traditional leaders and provincial council which allow them to play an advisory role on matters relating to traditional leaders and customary law.

The constitution sets up a national revenue fund. All money raised by national government must go to this fund. The financial and fiscal commission is an interdependent body that is subject only to the constitution and the law. It must not be biased in its work. It can advise and make recommendations to any level of government on how to spend their money. 

SANELISIWE KALIMASHE 

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